Starfield Technologies, Inc.
SSL Certificate Service Subscriber Agreement
This Starfield Technologies, Inc. SSL Certificate Service Subscriber Agreement("Agreement") is by and between Starfield Technologies, Inc., an Arizona Corporation,
its resellers ("Starfield") and You, Your heirs, agents, successors and assigns ("You"),
and is made effective as of the date You submit the Certificate Application to Starfield.
This Agreement sets forth the terms and conditions of Your use of Starfield's Certificate
Services and represents the entire agreement between You and Starfield. By participatingin this transaction, You acknowledge that You have read, understand and agree to bebound by all the terms and conditions of this Agreement. Starfield’s Certificate Services
are governed by Starfield’s Certification Practice Statement (“CPS"), which may beamended from time to time. The latest CPS may be found at
http://www.starfieldtech.com/repository.
I. Definitions.
The following terms shall be defined in this Agreement as follows:“CAs” or “Certification Authorities”, are entities such as Starfield that are authorized tocreate, sign, distribute, and revoke certificates. They are also responsible for distributing
certificate status information and providing a repository where certificates and certificate
status information is stored.
“Compromise” means a loss, theft, disclosure, modification, unauthorized use, or otherbreach of security related to a Private Key.
“Confidential Information” means all information obtained as a result of the parties’
entering into this Agreement, which includes but is not limited to, information related to
Private Keys, Public Keys, personally identifying information, passwords, andinformation that is designated as or intended to be confidential.
“Private Key” means a confidential encrypted electronic data file that interfaces with a
Public Key using the same encryption algorithm, in order to verify Digital Signatures andencrypt files or messages.
“Public Key” means an encrypted electronic data file that is publicly available forinterfacing with a Private Key.
“RAs” or “Registration Authorities”, are the Subordinate Certification Authorities thatare under the control of Starfield.
“Relying Party” means an individual or entity that acts in reliance on a Certificate ordigital signature associated with a Certificate.

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“Reseller” means an individual or entity which has been given permission by Starfield tosell products to Subscribers.
“Subscriber” means the individual or entity that has been issued a Certificate and isauthorized to use the Private Key that corresponds to the Public Key in the Certificate.
“Starfield CPS” means the Starfield Certificate Practice Statement, which defines anddescribes how the Starfield PKI and its Certificates work.
“Starfield PKI” means the Starfield Public Key Infrastructure that provides Certificates
for individuals and entities.
“Starfield PKI Site Seal” means a graphic image that a web site displays to show thattransactions on that web site are secured by the Certificate Service.
II. The Certificate Service and Your Obligations as a Subscriber.
Upon receipt of Your Certificate Application and payment, Starfield will initiate thenecessary authentication procedures to validate Your application. Once this has been
completed, Starfield shall provide You with the Certificate Service described in thisAgreement and in the Starfield CPS.
You shall:(a) generate one or more asymmetric key pairs;(b) submit public keys and credentials for registration;(c) take appropriate measures to protect your private key from compromise;(d) provide information to the RA that is accurate and complete to the best of yourknowledge and belief regarding information in your certificates and identification andauthentication information;(e) use the Starfield PKI Site Seal only if you are in compliance with this Agreement andthe Starfield CPS and are using a Starfield certificate to secure the application or site on
which the seal is displayed;(f) promptly report loss or compromise of your private key(s) and/or accuracy of yourcertificate information;(g) use your key pair(s) in compliance with the Starfield PKI CPS; and(h) promptly remove the Certificate from the server on which it is installed and remove
the Starfield PKI Site Seal upon revocation or expiration.
III. Use Restrictions.
You are prohibited from:(a) using the Certificate Service on behalf of any other entity;(b) reselling or attempting to resell Your Certificate without the prior written consent ofStarfield;(c) performing public or private key operations in connection with any domain name
and/or entity other than the one submitted by You when You signed up for the
Certificate;(d) using your Certificate on more than one server at a time;

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(e) importing, exporting, or re-exporting directly or indirectly, any commodity, includingYour Certificate, to any country in violation of the laws and regulations of any applicablejurisdiction;(f) using the Certificate Service to transmit, receive, view or use information which may
be associated with spam or morally objectionable activities. Morally objectionable
activities include, but are not limited to: activities designed to defame, embarrass, harm,abuse, threaten, slander or harass third parties; activities prohibited by the laws of theUnited States and/or foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as hate crimes, terrorism andchild pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy ofa third party, racially, ethnically, or otherwise objectionable; activities designed toimpersonate the identity of a third party; and activities designed to harm minors in any
way; or(g) copying or decompiling (except where such decompilation is permitted by Section
50B of the Copyright, Designs, and Patent Act of 1988), enhancing, adapting, or
modifying a Certificate(s), Private Key(s) or Public Key(s).
IV. Starfield Representations and Warranties.
Starfield warrants and represents that, to the best of its knowledge:(a) it is providing the Certificate Service with reasonable skill and care;(b) it has taken reasonable care not to introduce informational errors in Your Certificate
information when creating Your Certificate;(c) there are no material misrepresentations of fact in the Certificate known to or
originating from the entities approving the Certificate Application or issuing theCertificate; and(d) the Certificate, revocation services, and Starfield’s use of a repository comply in allmaterial respects with the Starfield CPS.
V. Subscriber Warranties and Representations.
You warrant and represent that:(a) no unauthorized users have had access to Your Private Key;(b) the information You put in the Subscriber Certificate is true;(c) all digital signatures created using the private key corresponding to the public key
listed in the Certificate belong to You and the Certificate has been accepted and isfunctional – it has not expired or been revoked - at the time the digital signature iscreated;(d) the Certificate and PKI Site Seal are being used lawfully and with authorization; and(e) You are using the Certificate in a Subscriber capacity, not as a Certificate Authority;(f) You disclaim any fiduciary relationship between Starfield and any non-Starfield
Certification Authorities, and between You and any Relying Party; and(g) You are not using the Certificate Service in any way that infringes upon the rights ofthird parties.
VI. Revocation.
Starfield reserves the right to revoke your Certificate if you do not immediately notify
Starfield when (i) You or the entity that You have signed up on the Subscriber
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Application changes its name or domain name; (ii) You discover or suspect that there
has been a breach of your Private Key or the security protecting the Private Key;. or if
you fail to (iii) pay any invoice from Starfield within forty-five (45) days of receiving it;(iv) fail to perform any of the material obligations under this Agreement or the CPS, orcompromise the security or integrity of the Starfield PKI, or (v) improperly use or
misrepresent the Starfield PKI Site Seal. You must also immediately notify any personthat may be affected by the breach. If You wish to revoke Your Certificate, revocation
requests may be submitted via an online certificate revocation request page.
VII. Private Key Compromise.
You agree that if there is a breach of your Private Key, that You will be solely
responsible for any loss or damages related to the breach.
VIII. Fees.
In consideration for the Certificate Service purchased by You and provided to You byStarfield, You agree to pay Starfield or its Reseller at the time service is provided.
Payment is to be made by You by providing either a valid credit card, an online check, orusing a cash reserve for charge by Starfield or its Reseller (collectively, the “Payment
Method”). If for any reason Starfield or its Reseller is unable to charge Your Payment
Method for the full amount owed Starfield for the Certificate Service, or if Starfield or its
Reseller is charged a penalty for any fee it previously charged to your Payment Method,
You agree that Starfield and its Resellers may pursue all available remedies in order toobtain payment. You agree that among the remedies Starfield and its Resellers may
pursue in order to effect payment, shall include but will not be limited to, immediate
revocation without notice to You of your Certificate Service. Starfield reserves the rightto charge a reasonable service fee for administrative tasks outside the scope of its regularservices. These include, but are not limited to, customer service issues that cannot be
handled over email but require personal service, and disputes that require legal services.
These charges will be billed to the Payment Method we have on file for You. You maychange your Payment Method at any time by logging into your account. If You elect the
automatic renewal option, Starfield or its Reseller will automatically renew, for a period
equivalent to the length of your original Certificate Service, any Certificate that is up for
renewal and will take payment from the Payment Method You have on file with Starfieldor its Reseller, at current rates.
Refunds. If for any reason You are not completely satisfied with the certificate that has
been issued to You, You may ask Starfield to revoke the certificate within 30 days of
issuance for a refund, minus any fees. Following the initial 30 day period, You may ask
Starfield to revoke the certificate and provide a refund if Starfield has breached awarranty or other material obligation under this CPS relating to the You or Yourcertificate.
IX. Term and Termination.
This Agreement shall begin on the date You submit the Certificate Application toStarfield. Either party may terminate this Agreement for convenience by providing 10
business day’s written notice to the other party. This Agreement shall terminate upon
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revocation or expiration of the Certificate. If Starfield terminates this Agreement, it may
revoke Your Certificate without further notice to You, and You shall pay any charges due
but not yet paid under this Agreement.
X. Intellectual Property Rights.
Starfield’s Certificates, Public Keys, and Private Keys are proprietary to Starfield, andtitle to them remains with Starfield. All applicable common law and statutory rights inthe product and updates of them, including, but not limited to, service marks, patents, andcopyrights, shall be and will remain the property of Starfield. You shall have no right,
title, or interest in such proprietary rights other than that provided for in this Agreement.
Starfield grants You a revocable, non-exclusive, non-transferable license to use its
Certificates associated with its Certificate Service, which includes the Public and Private
Keys and any generated Digital Signatures. Starfield retains all rights it has in any
trademark, service mark, trade name, or other identifying trade symbols that it owns.
You agree not to use the Starfield name or logo in any way without Starfield’s priorwritten approval. You are prohibited from using names in your Certificate Application(s)that infringe upon others’ Intellectual Property Rights.
XI. Confidentiality.
Confidential Information shall only be used for the purposes necessary under thisAgreement. You agree that any person who You disclose information to must comply
with the requirements of this section. Notwithstanding the previous provisions of thisclause, either party may disclose Confidential Information in accordance with applicablelaws and regulations or a judicial or other governmental order. This section shall survive
past the termination of this Agreement for five years.
XII. Disclaimers of Warranties.
STARFIELD, ITS CAS, ITS RESELLERS, CO-MARKETERS, SUBCONTRACTORS,DISTRIBUTORS, AGENTS, SUPPLIERS, AND EMPLOYEES MAKE NO
REPRESENTATIONS AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND UNLESS STATED OTHERWISE WITHIN THE STARFIELD PKI
AGREEMENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SATISFACTORY
TITLE, AND ALSO INCLUDING WARRANTIES THAT ARE STATUTORY OR BY
USAGE OF TRADE. STARFIELD MAKES NO WARRANTY THAT ITSSERVICE(S) WILL MEET ANY EXPECTATIONS, OR THAT THE SERVICE(S)WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. STARFIELD DOES NOT WARRANT, NOR
MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF,ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
XIII. Indemnity.
You shall indemnify and hold harmless Starfield, any non-Starfield Certificate
Authorities associated with Starfield PKI, and Starfield’s contractors, agents, employees,
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officers, directors, shareholders, affiliates and assigns from and against any claims,
liabilities, damages, costs and expenses, including reasonable attorney’s fees, court costs,
and experts fees, of third parties relating to or arising out of or relating to any use or
reliance by a Relying Party on any Starfield Certificate or any service provided in respect
to Starfield Certificates, including (i) any misrepresentations, omissions or false
statements by you on the Certificate Application, (ii) any unauthorized use or
modification of a Starfield Certificate, (iii) failure to take proper measure to assure thesecurity of a Starfield Certificate, and (iv) violations of intellectual property. You agree
to notify Starfield of any such claim promptly in writing and to allow Starfield to control
the proceedings. You agree to cooperate fully with Starfield during such proceedings.
You shall defend and settle at Your sole expense all proceedings arising out of theforegoing.
XIV. Limitation of Liability.
STARFIELD SHALL NOT BE LIABLE FOR ANY LOSS OF CERTIFICATESERVICES DUE TO (I) WAR, NATURAL DISASTERS OR OTHER
UNCONTROLLABLE FORCES; (2) AN INTERRUPTION THAT OCCURSBETWEEN THE TIME A CERTIFICATE IS REVOKED OR EXPIRES AND THE
NEXT SCHEDULED ISSUANCE OF A CERTIFICATE, (3) ARISING FROM THE
NEGLIGENT OR FRAUDULENT USE OF CERTIFICATES ISSUED BY
STARFIELD, OR (4) DUE TO DISCLOSURE OF PERSONAL INFORMATIONCONTAINED WITHIN CERTIFICATES.
THE TOTAL CUMULATIVE LIABILITY OF STARFIELD, ANY INDEPENDENTTHIRD-PARTY REGISTRATION AUTHORITY OPERATING UNDER A
STARFIELD CA, ANY RESELLERS, OR CO-MARKETERS, OR ANY
SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR
DIRECTORS OF ANY OF THE FOREGOING TO ANY APPLICANT, SUBSCRIBER,RELYING PARTY OR ANY OTHER PERSON, ENTITY, OR ORGANIZATIONARISING OUT OF OR RELATING TO ANY STARFIELD CERTIFICATE OR ANYSERVICES PROVIDED IN RESPECT TO STARFIELD CERTIFICATES,INCLUDING ANY USE OR RELIANCE ON ANY STARFIELD CERTIFICATE,
SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000.00
U.S.) ("CUMULATIVE DAMAGE LIMIT"). THIS LIMITATION SHALL APPLY PERSTARFIELD CERTIFICATE REGARDLESS OF THE NUMBER OF
TRANSACTIONS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO
SUCH STARFIELD CERTIFICATE OR ANY SERVICES PROVIDED IN RESPECTTO SUCH STARFIELD CERTIFICATE. THE FOREGOING LIMITATIONS SHALLAPPLY TO ANY LIABILITY WHETHER BASED IN CONTRACT (INCLUDINGFUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), LEGISLATIONOR ANY OTHER THEORY OF LIABILITY, INCLUDING ANY DIRECT,INDIRECT, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY,CONSEQUENTIAL, RELIANCE, OR INCIDENTAL DAMAGES.

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XV. Modifications.
You agree that Starfield may modify this Agreement and the terms of the Certificate
Service from time to time. Any such revisions shall be binding and effective
immediately upon posting the revised Agreement on the Starfield website. By continuing
to use Starfield’s Certificate Service after there has been a revision to this Agreement or
the Service, you agree to be bound by such revision.
XVI. Force Majeure.
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises by any reason beyond its
reasonable control, including any act of God, any acts of the common enemy, theelements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation orcommunications, or any act or failure to act by the other party or such other party's
employees, agents or contractors; provided, however, that lack of funds shall not be
deemed to be a reason beyond a party's reasonable control. The parties will promptly
inform and consult with each other as to any of the above causes which in their judgment
may or could be the cause of a delay in the performance of this Agreement.
XVII. Severability and Entire Agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement isdetermined to be unenforceable or invalid, that part of the agreement will be interpretedin accordance with applicable law as closely as possible, in line with the original
intention of both parties of the Agreement. The remaining terms and conditions of theagreement will remain in full force and effect.
You agree that this Agreement including the policies it refers to (i.e. the CPS, etc.)
constitute the complete and only agreement between You and Starfield regarding theCertificate Service contemplated herein.
XVIII. Venue; Waiver of Trial by Jury.
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OFARIZONA, REGARDLESS OF CONTRACT OR OTHER CHOICE OF LAWPROVISIONS. THE LAWS AND JUDICIAL DECISIONS OF MARICOPACOUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY,CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THISAGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISINGOUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF
MARICOPA COUNTY, ARIZONA. ANY APPLICABLE NATIONAL, STATE,LOCAL AND FOREIGN LAWS, RULES, REGULATIONS, ORDINANCES,
DECREES, AND ORDERS INCLUDING, BUT NOT LIMITED TO, RESTRICTIONSON EXPORTING OR IMPORTING SOFTWARE, HARDWARE, OR TECHNICALINFORMATION SHALL APPLY TO THIS AGREEMENT.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDINGTHAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

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XIX. Assignment.
You shall not assign or otherwise transfer the this Agreement to anyone, including any
parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portionof its business, or pursuant to any merger, consolidation or reorganization, without
Starfield's prior written consent.
XX. Waiver.
The waiver or failure of either party to exercise in any respect any right provided for inthis Agreement shall not be deemed a waiver of any further right under this Agreement.
XXI. Survival.
Parts III, VII, VIII, IX, X, XI, XII, XIII, XIV, XVI, XVII, XVIII, XIX and XXI shallsurvive the termination of this Agreement.
XXII. Notices.
Any notice, demand, or request pertaining to this Agreement or related agreements, suchas the CPS, shall be communicated either using email or in writing. Electronic
communications shall be effective when received by the intended recipient, and written
communications shall be effective five days after mailing or upon receipt, whichever issooner. Notices concerning breach will be sent either to the email address You have on
file with Starfield or mailed first class postage to the postal address You have on file with
Starfield.
Notices from You to Starfield shall be made either by email, sent to the address weprovide on our web site, or first class mail to our address at:
Starfield PKI C/O Starfield Technologies, Inc., 14455 North Hayden Rd., Suite 219,
Scottsdale, AZ 85260
practices@starfieldtech.com
Copyright © Starfield Technologies, Inc. 2004 All Rights Reserved.

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